Sheppard Mullin’s Toxic Tort and Product Liability team protects our clients and their business at every stage. We have decades of experience advising clients on risk management and compliance, and defending against class action, mass tort, multidistrict litigation, and individual actions alleging toxic tort and product liability claims. We deliver effective and cost-efficient results because we have the expertise and care about our clients’ reputation and future.

Our top priority is to minimize our clients’ risk and prevent disputes before they arise. We conduct compliance reviews and provide practical advice on business management, including awaiting pitfalls, compliance work, responding to records requests, product marketing, sales and distribution. Our work includes preparing franchising, licensing, distribution and sales agreements, as well as drafting warranties, warnings and instructions for product use. In addition, we conduct in-house compliance programs to educate and train employees. We update clients on the latest developments in the law and hot areas in the plaintiff’s market.

Litigation exposure can be substantially decreased through the prompt recall of challenged products. We structure and oversee such recalls, and interface with state and federal agencies as necessary during the process.

We also counsel and assist clients in regulatory matters involving the manufacture and distribution of drugs, medical devices, food, dietary supplements, and other products before state and federal agencies, including the Food and Drug Administration.

When disputes arise, we assess our clients’ exposure and partner with them to craft cost-effective strategies that fit their business and legal goals. We have successfully resolved many actions through aggressive motion practice, including disposing of them before class certification or reaching early and beneficial settlement. Our attorneys are skilled at creating strategies that eliminate or limit toxic tort and product liability cases before trial. We also have a strong track record of winning these cases at trial, when necessary. We have gone head-to-head with the leading plaintiffs’ counsel in jurisdictions across the country. We know the law, opposing counsel, and the judges, and we know how to protect our clients from liability.

We have resolved disputes involving a wide range of industries and products, including:

Automotive

Aviation

Batteries

Construction equipment

Consumer products

Electronics

Environmental controls

Food and beverage

Gasoline

Healthcare

Industrial equipment

Medical devices

Oil and gas

Pharmaceutical

Power plant equipment

Real estate

Sprinklers

Tobacco

Toy

Tractors

Turbines

Windows

Abbott Laboratories

Alimak AB and Alimak Hek, Inc.

American Honda of North America

American Regent

Atlantic Richfield Company (ARCO)

Axia, Inc.

Baxter Healthcare

Beacon Oil Co.

Behr Process Corporation

Bridgestone Corporation

Caremark

Chevron Texaco

Chrysler Corporation

Copes-Vulcan, Inc.

ESCO Corporation

Exxon Mobil Corporation

Ford Motor Company

General Dynamics

General Motors Corporation

Gillette

Hamilton-Sundstrand Corporation

Hehr International, Inc.

Heidelberg USA, Inc.

Holley Performance Products

Honeywell Inc.

Hussmann Corporation

Independence Tube

Johns Manville Corporation

Kraft Foods

Liquid Carbonic

Lockheed Martin

Luitpold Pharmaceuticals

Masco Corporation

Mattel, Inc.

Milgard Windows

Moen Corporation

Nordstrom, Inc.

Northrop Grumman Corporation

Philip Morris Companies, Inc.

Praxair

Ralston Purina

The Raytheon Company

Robert Bosch Corporation

Sanofi-Winthrop

Schering Plough

Siemens Corporation

Southern California Gas Co.

Sullair

Sundstrand Corporation

Tenneco Automotive, Inc.

The Gillette Company

United Technologies Corporation

Venoco, Inc.

Vogt Valve

Westburne Supply Co.

Defeated on the eve of trial headline-making mass toxic tort action spearheaded by Erin Brockovich. Plaintiffs alleged that nearly 1,000 current and former high school students were injured from exposure to over 140 chemicals from neighboring oil drilling sites and an energy production facility. Client Venoco, Inc. won on summary judgment and continues to operate its oil drilling facility today.

Represented Hehr International in recall action with the National Highway Safety Traffic Administration of its windows manufactured for buses across the United States and Canada, and subsequent product liability action.

Won defense verdict at trial for Liquid Carbonic/Praxair involving a five-alarm fire and explosion allegedly caused by a leak in the client’s control panel.

Represented oil refiner in a $64 million jury trial involving claim that gasoline with methyl tertiary butyl ether (MTBE) is a defective product. Also represented oil refiner in more than a dozen related cases pending in a multi-district litigation involving similar issues.

Obtained dismissal of action for international consumer product manufacturer and distributor in action involving personal injuries from allegedly defective batteries.

Represented battery manufacturer concerning alleged defects in lead acid batteries used in electric scooters, which led to a dispute with the scooter manufacturer, which contended that the defective batteries led to a high rate of return which shuttered its business. We proved that the batteries were not defective and obtained a judgment against plaintiff on all claims and in favor of amounts owed to our client.

Represented major plumbing products distributor in product liability case alleging defective showerheads and successfully negotiated with foreign manufacturer to indemnify distributor for all legal fees and other costs.

Represented Mattel, Inc. in numerous actions alleging injuries to exposure to chemicals during the manufacturing of toys.

Represented real estate owner in action for sick building syndrome.

Represented Northrop Grumman Corporation and The Raytheon Company in numerous actions for alleged exposure to chemicals used in manufacturing at facilities.

Represented defense contractor concerning alleged defects in a fire suppression system for a Navy fighter plane, which led to a dispute involving termination of the subcontractor that caused the defect.

Represented Sanofi-Winthrop, Schering-Plough, Baxter Healthcare, and Caremark in matters ranging from alleged adverse reactions, including death (liver necrosis), from the ingestion of prescribed pharmaceuticals, allegedly non-disclosed side effects (bone necrosis from use of nasal inhaler containing cortico-steroid).